What ideas cannot be patented?

Asked by: Gerry Klein  |  Last update: January 27, 2026
Score: 4.9/5 (2 votes)

You cannot patent abstract ideas, laws of nature, natural phenomena, or mathematical formulas; patents are for practical, novel, and non-obvious applications, not fundamental concepts or existing discoveries like gravity or DNA, nor artistic works (copyright) or methods of doing business (unless tied to a technical application). In essence, you can't patent the "what" (a concept) but rather the "how" (a specific, inventive process or machine).

What types of ideas cannot be patented?

What Cannot Be Patented

  • Discoveries. Simply discovering something, such as a natural law or scientific principle, cannot be patented. ...
  • Artistic and Literary Works. Works such as music, literature, films, and plays are not patentable. ...
  • Abstract Ideas. ...
  • Natural Phenomena. ...
  • Software (in certain cases) ...
  • Animals.

What all cannot be patented?

You cannot patent abstract ideas, laws of nature, natural phenomena, mathematical methods, scientific theories, artistic/literary works, mental processes, business methods, medical procedures, naturally occurring substances, plant/animal varieties, computer programs (in some cases), or anything purely for aesthetic purposes or contrary to public morals/policy. While discoveries themselves aren't patentable, new applications or processes involving them often are, provided they are novel, useful, non-obvious, and have a practical, technical application. 

What is not eligible for a patent?

Things That Cannot Be Patented

Anything that falls outside the statutory requirements for utility, design, or plant patents is ineligible for a patent in the United States. Courts have also dictated several judicial exceptions to patentability, most notably abstract ideas, laws of nature, and natural phenomena.

Which options cannot be patented?

What cannot be patented?

  • a discovery, scientific theory or mathematical method,
  • an aesthetic creation,
  • a scheme, rule or method for performing a mental act, playing a game or doing business, or a computer program,
  • a presentation of information,

Topic 6 (Patent Series) - What ideas cannot be patented?

45 related questions found

What did Elon Musk patent?

Elon Musk holds patents for early internet innovations like online mapping and business directories, while his companies, especially Tesla and SpaceX, have extensive patent portfolios in areas like electric vehicles, autonomous driving, and reusable rockets, despite his public stance against patents; he famously released Tesla's patents for open use but actively innovates and protects IP for his ventures. He has about 25 patents personally, but his companies hold thousands, covering innovations from AI for autonomous cars (like Tesla's Summon) to rocket technology. 

What is the rule 7 of patent?

Rule 7.

(1) The fees payable under section 142 in respect of the grant of patents and applications therefor, and in respect of other matters for which fees are required to be payable under the Act shall be as specified in the First Schedule.

Why can't you patent an idea?

One of the most common misconceptions is that an idea alone can be patented. In reality, patent law is designed to protect innovations that are fully developed and tangible, not just the thoughts or concepts that inspire them.

Is Coca-Cola patented?

It enjoyed meteoric rise in 1899 when the bottling rights were sold to a company with factories throughout the United States and in many countries throughout the world. Despite this, Coca-Cola never patented their secret recipe, which has remained one of the most guarded secrets in the world for over a century.

What are the 4 requirements for a patent?

Requirements for Patentability

  • Patentable Subject Matter. Under 35 U.S.C. ...
  • Utility. The invention must be useful. ...
  • Novelty. An invention must not be known or used by others, or described in a printed publication before the applicant's invention date (35 U.S.C. ...
  • Nonobviousness. ...
  • Enablement.

What is the craziest patent?

1. Patent No. 883,611 – Bells on Rats. This 1908 patent was aimed at creating the proverbial “better mousetrap.” The rodent is lured to the trap using cheese, but instead of being killed the device snaps a bell onto its neck.

What is illegal use of patent?

Patent violations, also known as patent infringements, occur when someone uses or exploits a patented invention without the permission of the patent holder. This can happen through various actions, often due to disregard of patent laws.

What does a patent not protect?

To be clear, a patent protects the invention only. It does not protect any branding (which is subject to the law of trademarks), and it does not protect any non-patentable literary or visual elements—even if these elements are original and unique (these are subject to the law of copyrights).

Can I sell an idea without a patent?

“You certainly don't need a patent [in order to sell], but in my experience, it's going to be a lot more attractive to a buyer if you have at least started the process of seeking protection for the idea or the invention,” says Dawn-Marie Bey, an intellectual property attorney in Richmond.

What inventions have no patent?

Examples of non-patented yet widely used inventions include the computer mouse, the ballpoint pen, and even Coca-Cola's recipe. Inventors may choose trade secrets or public domain status as alternative strategies to patents for protecting their ideas.

Can I patent an idea without a prototype?

You are not legally required to create a prototype before filing a patent application. However, depending on your invention and the circumstances of your case, it may be beneficial to develop a prototype before filing a patent application, as explained below.

What is the most famous patent?

1. The Lightbulb. The electric lightbulb is perhaps one of the most famous patented inventions known to humankind. It was awarded to Thomas Alva Edison in the year 1878.

What if I invested $1000 in Coca-Cola 10 years ago?

Investing $1,000 in Coca-Cola (KO) stock about 10 years ago (mid-2015 to mid-2025) would have grown significantly, potentially doubling or more, depending on the exact date, with returns often cited around 100-130% or more, turning your $1,000 into roughly $2,000 to $2,300+, but often underperforming a broader S&P 500 investment over that specific decade, though KO offers strong dividends as a "Dividend King".
 

What is the most guarded recipe in the world?

Kentucky Fried Chicken's Original Recipe

The 11 KFC herbs and spices used to season and flavor the fried (but really pressure-cooked) chicken are probably the most famous and protected trade secrets in the food world.

What does Elon Musk say about patents?

Elon Musk famously dismisses patents, calling them "for the weak" and a hindrance to progress, believing they stifle innovation by creating legal roadblocks rather than advancing technology, especially for large entities like SpaceX and Tesla, which focus more on speed and trade secrets, though his companies still file patents to protect specific areas, creating a perceived contradiction with his anti-patent stance. 

Who is the only US president to own a patent and a saloon?

On May 22, 1849, Abraham Lincoln received Patent No. 6469 for a device to lift boats over shoals, an invention which was never manufactured. However, it eventually made him the only U.S. president to hold a patent.

What disqualifies a patent?

An invention can be disqualified if an inventor discusses enough information about the invention for someone to be able to reproduce it. This could be in a journal publication, presentation at a conference, posting on a website, or even discussions with scientists from other academic institutions.

What is the secret patent law?

The Invention Secrecy Act of 1951 requires the government to impose "secrecy orders" on certain patent applications that contain sensitive information, thereby restricting disclosure of the invention and withholding the grant of a patent.

How much does a 20 year patent cost?

Cost to obtain and manage a patent

Obtaining and managing patent rights for an invention is very expensive. For example, a U.S. patent can cost in the range of $30,000 to $50,000 over its 20-year life.

What are the 4 types of patents?

Utility patents protect new inventions, processes, and methods of production. Design patents focus on safeguarding the aesthetic aspects of a product. Plant patents are granted for new and distinct varieties of plants. Provisional patents secure an early filing date temporarily for an Innovation.